December 16, 2024 | Reading Time: 7 min Being in a car accident is stressful, and it can leave you dealing with both injuries and the complicated process of filing a claim. Many people don’t know the common mistakes that can hurt their case, which can lead to delays or lower compensation. To improve your chances of getting a fair settlement, it’s important to understand the process. Here are the top 10 mistakes to avoid when handling your car accident injury claim.
1. DELAYING MEDICAL ATTENTION
One of the most important things you should do after a car accident injury claim is seek medical attention, even if you don’t feel injured. While it’s easy to brush off minor pain or discomfort, some injuries, such as whiplash, concussions, or internal injuries, might not show symptoms right away. If left untreated, these injuries can worsen over time.
Seeking medical attention right away not only protects your health but also provides important documentation for your injury claim. Insurance companies often argue that if you didn’t seek treatment immediately after the accident, your injuries were not caused by the accident. Seeing a doctor right away links your injuries to the accident, which strengthens your claim.
2. FAILING TO GATHER EVIDENCE
Collecting evidence at the scene of a car accident is important for building a strong personal injury claim. Many accident victims fail to document enough evidence, which can weaken their case.
At the scene of the accident, make sure to:
- Take photos: Photographing the accident site, any vehicle damage, and any visible injuries will provide evidence to support your claim.
- Gather contact information: Collect contact information from any witnesses, the other party involved, and the responding police officers to help verify the facts of the accident.
- Request the police report: Ask for a copy of the police report to ensure you have an official record of the accident.
This documentation plays an important role when negotiating with insurance companies. Without it, your claim could lack the necessary support to prove liability and damages.
3. ADMITTING FAULT
After an accident, emotions can run high, and it might feel natural to apologize or admit fault. However, this is a big mistake that can significantly hurt your claim. Even if you believe you might have contributed to the accident, it’s important not to admit fault at the scene or in any early conversations.
Anything you say after an accident can be used against you by insurance companies or in court. An admission of guilt or simple apology could be interpreted as an acknowledgment of liability, making it harder for you to secure compensation. Instead, remain calm, avoid discussing fault, and contact an experienced car accident attorney before making any statements.
4. UNDERESTIMATING LONG-TERM INJURIES AND FUTURE DAMAGES
Injuries like soft tissue damage or concussions may seem minor at first, but can lead to chronic pain and long-term medical issues. Settling too soon can result in a settlement that doesn’t cover these ongoing expenses.
When calculating your claim, consider both immediate and future damages, including:
- Future medical treatments: This includes any surgeries, doctor visits, or prescriptions you may need in the future as a result of the injury.
- Physical therapy: Ongoing rehabilitation may be needed to fully recover, which can lead to higher medical costs over time.
- Lost wages: Consider any income you will lose if you are unable to work due to your injuries.
- Pain and suffering that may persist after physical recovery: Even after your physical injuries heal, emotional and psychological pain can persist, impacting your quality of life.
It’s important to consult with medical professionals who can give you a clear prognosis and help you understand the long-term effects of your injuries. This will help ensure that your compensation covers both immediate and future expenses related to your recovery.
5. NOT ENLISTING LEGAL HELP
Filing a car accident injury claim can be complicated, and handling it without legal guidance can lead to mistakes that can ultimately lower your claim value. Many people try to manage their claims on their own, either to save money or because they think the process is straightforward. However, without a personal injury attorney, you might not fully understand your rights or the best ways to maximize your compensation.
A car accident lawyer can guide you through the claims process, help gather and present evidence, negotiate with insurance companies, and ensure you receive a fair settlement. If necessary, your attorney will also represent you in court against the insurance company. Attorneys experienced in car accident claims know the tactics insurance companies use to minimize payouts and can effectively counter them.
6. IGNORING THE STATUTE OF LIMITATIONS
In New York State, there is a statute of limitations for personal injury claims, which sets a deadline for when you must file your claim. If you miss this deadline, you could lose your right to seek compensation. The statute of limitations for most personal injury claims in New York is three years from the date of the accident or injury.
It’s important to act quickly, as delays can jeopardize your case. A personal injury attorney can help you understand the specific time limits and take the necessary steps to file your claim on time.
7. COMMUNICATING DIRECTLY WITH INSURANCE ADJUSTERS
Insurance adjusters represent the insurance company, not the policyholder. While they may seem helpful, their goal is to minimize payouts and protect the company’s profits. Adjusters are trained to use tactics that could pressure you into settling for less than your claim is worth. This may include offering a low initial settlement or getting you to make statements that could harm your case.
To avoid being taken advantage of, always communicate with insurance companies through your attorney. They know how to negotiate with adjusters and ensure you get the settlement you deserve.
8. ACCEPTING THE FIRST SETTLEMENT OFFER
Insurance companies tend to make quick settlement offers after an accident, which can be tempting when you’re dealing with medical bills and car repairs. However, these initial offers are typically much lower than what you’re actually entitled to.
Before accepting any settlement offer, it’s important to consult with your attorney. They can evaluate whether the offer is fair based on your case and your long-term needs. In many cases, the first offer can be negotiated for a higher amount that better reflects the true value of your claim.
9. DISREGARDING EMOTIONAL AND PSYCHOLOGICAL EFFECTS
Car accidents not only cause physical injuries, but they can also lead to emotional and psychological effects. Conditions like PTSD, anxiety, and depression can develop after a car accident and may have a serious impact on your daily life and well-being.
Including emotional and psychological damages in your claim helps make sure that you are fully compensated for every part of your recovery. Mental health professionals can provide evaluations and expert testimony to back up these claims.
10. FAILING TO DOCUMENT THE ACCIDENT AND INJURIES
Thorough documentation is important to support your claim. Keep detailed records of everything related to the accident, including:
- Medical bills and treatment records: These documents show the extent of your injuries and the necessary treatments you’ve received.
- Correspondence with insurance companies: Keep copies of all emails, letters, and phone records to track your communications and ensure no important details are missed.
- Receipts for vehicle repairs: Receipts help prove the cost of repairing your vehicle and serve as evidence of the damage caused by the accident.
- A daily log of pain, discomfort, and limitations caused by the injury: This log helps demonstrate how your injuries affect your daily life and can be used to support claims for pain and suffering.
Proper documentation ensures you have a clear, organized record of your injuries and expenses. This strengthens your case and helps avoid confusion later on.
CAR CRASH? CONTACT CELLINO LAW
The aftermath of a car accident can be overwhelming, and dealing with an injury claim adds additional stress. At Cellino Law, we’re here to help you avoid the mistakes outlined above to ensure you receive the compensation you deserve.
If you’ve been involved in a car accident, let us guide you through the legal process. For a free and confidential case consultation with a member of our legal team, call us at 888-888-8888.
Content checked by the personal injury attorney Ross Cellino. As a family man and a trial attorney, I pride myself on winning cases and serving the community. With over 35 years of experience, I understand the function of a jury, how juries arrive at conclusions, and the role that the jury plays in administering justice. I know how to win cases. You can find us in Manhattan, Buffalo, Melville, Rochester, Brooklyn, The Bronx, Queens and other locations throughout New York.